Admiral Foundry, Formerly The Admiral Machine Company, Wadsworth, OH; Notice of Negative Determination on Reconsideration, 52582 [E6-14730]

Download as PDF 52582 Federal Register / Vol. 71, No. 172 / Wednesday, September 6, 2006 / Notices DEPARTMENT OF LABOR Employment and Training Administration [TA–W–59,552] rwilkins on PROD1PC63 with NOTICES Admiral Foundry, Formerly The Admiral Machine Company, Wadsworth, OH; Notice of Negative Determination on Reconsideration On August 9, 2006, the Department issued an Affirmative Determination Regarding Application for Reconsideration for the workers and former workers of the subject firm. The Department’s Notice of determination was published in the Federal Register on August 16, 2006 (71 FR 47249). The initial investigation revealed that, during the relevant period, the subject firm neither shifted production abroad nor imported cast aluminum tire molds from a foreign country. The investigation also revealed that the ‘‘contributed importantly’’ group eligibility requirement of Section 222 of the Trade Act of 1974, as amended, was not met. The ‘‘contributed importantly’’ test is generally demonstrated through a survey of customers of the subject workers’ firm. The survey revealed that none of the respondents increased their imports of cast aluminum tire molds during the relevant period. In the request for reconsideration, the International Union, United Automobile, Aerospace & Agricultural Implement Workers of America, Region 2–B (the Union) stated that the subject firm produced both molds and casts used on the tire industry and inferred that the scope of the initial investigation was too limited because it only addressed cast aluminum tire molds. During the reconsideration investigation, the Department sought clarification from the subject firm regarding the article(s) produced at the Wadsworth, Ohio facility during the relevant period. The company official stated that the Wadsworth, Ohio facility produced aluminum tread castings (a component part for tire molds) and did not produce complete tire molds. On reconsideration, the Department also investigated whether the subject workers are eligible to apply for Trade Adjustment Assistance (TAA) as workers of a secondarily-affected firm (supplied component parts for articles produced by a firm with a currently TAA-certified worker group). For certification on the basis of the workers’ firm being a secondary upstream supplier, the subject firm must have customers with a worker group that is currently TAA-certified, and the subject firm must produce a component VerDate Aug<31>2005 18:44 Sep 05, 2006 Jkt 208001 part of the product that was the basis for the customers’ certification. In addition, either the TAA-certified customer must represent at least twenty percent of the subject firm’s business or a loss of business with the TAA-certified customer contributed importantly to the subject workers’ separation at the subject firm. During the reconsideration investigation, the Department determined that none of the subject firm’s declining customers are currently certified for TAA based on increased imports of tire molds. Thus the subject firm workers are not eligible under secondary impact. In order for the Department to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance (ATAA), the subject worker group must be certified eligible to apply for TAA. Since the workers are denied eligibility to apply for TAA, the workers cannot be certified eligible for ATAA. Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor’s prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 28th day of August 2006. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E6–14730 Filed 9–5–06; 8:45 am] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA–W) number and alternative trade adjustment assistance (ATAA) by (TA–W) number issued during the period of August 14 through August 18, 2006. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. A significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers’ separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. a significant number or proportion of the workers in such workers’ firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. there has been a shift in production by such workers’ firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. the country to which the workers’ firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. the country to which the workers’ firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met. (1) Significant number or proportion of the workers in the workers’ firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated; E:\FR\FM\06SEN1.SGM 06SEN1

Agencies

[Federal Register Volume 71, Number 172 (Wednesday, September 6, 2006)]
[Notices]
[Page 52582]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14730]



[[Page 52582]]

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DEPARTMENT OF LABOR

Employment and Training Administration

[TA-W-59,552]


Admiral Foundry, Formerly The Admiral Machine Company, Wadsworth, 
OH; Notice of Negative Determination on Reconsideration

    On August 9, 2006, the Department issued an Affirmative 
Determination Regarding Application for Reconsideration for the workers 
and former workers of the subject firm. The Department's Notice of 
determination was published in the Federal Register on August 16, 2006 
(71 FR 47249).
    The initial investigation revealed that, during the relevant 
period, the subject firm neither shifted production abroad nor imported 
cast aluminum tire molds from a foreign country. The investigation also 
revealed that the ``contributed importantly'' group eligibility 
requirement of Section 222 of the Trade Act of 1974, as amended, was 
not met. The ``contributed importantly'' test is generally demonstrated 
through a survey of customers of the subject workers' firm. The survey 
revealed that none of the respondents increased their imports of cast 
aluminum tire molds during the relevant period.
    In the request for reconsideration, the International Union, United 
Automobile, Aerospace & Agricultural Implement Workers of America, 
Region 2-B (the Union) stated that the subject firm produced both molds 
and casts used on the tire industry and inferred that the scope of the 
initial investigation was too limited because it only addressed cast 
aluminum tire molds.
    During the reconsideration investigation, the Department sought 
clarification from the subject firm regarding the article(s) produced 
at the Wadsworth, Ohio facility during the relevant period. The company 
official stated that the Wadsworth, Ohio facility produced aluminum 
tread castings (a component part for tire molds) and did not produce 
complete tire molds.
    On reconsideration, the Department also investigated whether the 
subject workers are eligible to apply for Trade Adjustment Assistance 
(TAA) as workers of a secondarily-affected firm (supplied component 
parts for articles produced by a firm with a currently TAA-certified 
worker group).
    For certification on the basis of the workers' firm being a 
secondary upstream supplier, the subject firm must have customers with 
a worker group that is currently TAA-certified, and the subject firm 
must produce a component part of the product that was the basis for the 
customers' certification. In addition, either the TAA-certified 
customer must represent at least twenty percent of the subject firm's 
business or a loss of business with the TAA-certified customer 
contributed importantly to the subject workers' separation at the 
subject firm.
    During the reconsideration investigation, the Department determined 
that none of the subject firm's declining customers are currently 
certified for TAA based on increased imports of tire molds. Thus the 
subject firm workers are not eligible under secondary impact.
    In order for the Department to issue a certification of eligibility 
to apply for Alternative Trade Adjustment Assistance (ATAA), the 
subject worker group must be certified eligible to apply for TAA. Since 
the workers are denied eligibility to apply for TAA, the workers cannot 
be certified eligible for ATAA.

Conclusion

    After review of the application and investigative findings, I 
conclude that there has been no error or misinterpretation of the law 
or of the facts which would justify reconsideration of the Department 
of Labor's prior decision. Accordingly, the application is denied.

    Signed at Washington, DC, this 28th day of August 2006.
Elliott S. Kushner,
Certifying Officer, Division of Trade Adjustment Assistance.
[FR Doc. E6-14730 Filed 9-5-06; 8:45 am]
BILLING CODE 4510-30-P

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